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for expunging the name of respondent no.5 and for
substituting her heirs and legal representatives. The appellant
also filed a limitation petition for setting aside the abatement on
the ground that the appellant had no knowledge regarding the
death of respondent no.5 whose marriage was solemnized in a
Patna High Court MA No.972 of 2017 dt.20-08-2025
village Bedupur, P.S.-Taraiya Sujan, District-Gopalganj which is
far away about 150 K.M. from the village of the appellant. It is
further stated that the son of respondent no.5, namely, Sunil
Kumar filed an affidavit regarding the death of his mother
disclosing heirs and legal representatives then he got
information regarding her death. After hearing the parties,
learned appellate court below held that the said petitions have
been filed after too much belated stage of expiry of stipulated
period which is not permissible and the instant appeal is liable
to be abated and accordingly, vide impugned order dated
31.08.2017 held that the appeal is abated.
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